Indigenous peoples have the right to the recognition, observance and
enforcement of treaties, agreements and constructive arrangements,
that may have been concluded with states or their successors, as
well as historical Acts in that respect, according to their spirit
and intent, and to have states honor and respect such treaties,
agreements and constructive arrangements as well as the rights
emanating from those historical instruments.Conflicts and disputes which cannot otherwise be settled
should be submitted to competent bodies.

I.INTERNATIONAL AUTHORITIES AND PRECEDENTS

1.Draft United Nations Declaration on the Rights of Indigenous Peoples
(UN 1994)

Article 36: "Indigenous
peoples have the right to the recognition, observance and enforcement of
treaties, agreements and other constructive arrangements concluded with
States or their successors, according to their original spirit and intent,
and to have States honour and respect such treaties, agreements and other
constructive arrangements. Conflicts and disputes which cannot otherwise be
settled should be submitted to competent international bodies agreed to by
all parties concerned."

Article 12: "The peoples
concerned shall be safeguarded against the abuse of their rights and shall
be able to take legal proceedings, either individually or through their
representative bodies, for the effective protection of these rights.
Measures shall be taken to ensure that members of these peoples can
understand and be understood in legal proceedings, where necessary through
the provision of interpretation or by other effective means."

3.Charter of Civil Society (CARICOM)

Article XI: Rights of Indigenous
Peoples

"The State recognizes the
contribution of the indigenous peoples to the development process and
undertake to continue to protect their historical rights and respect the
culture and way of life of these peoples."

4.Vienna Convention on the Law of Treaties (1969)

-Article 26: "Pacta sunt
servanda

Every treaty in force is binding
upon the parties to it and must be performed by them in good faith."

-Article 27: "Internal law
and observance of treaties

A party may not invoke the
provisions of its internal law as justification for its failure to perform a
treaty. This rule is without prejudice to article 46."

1.A State may not
invoke the fact that its consent to be bound by a treaty has been expressed
in violation of a provision of its internal law regarding competence to
conclude treaties as invalidating its consent unless that violation was
manifest and concerned a rule of its internal law of fundamental importance.

2.A violation is
manifest if it would be objectively evident to any State conducting itself
in the matter in accordance with normal practice and in good faith."

5.Declaration on the Rights of Persons Belonging to National or Ethnic,
Religious or Linguistic Minorities (UN 1990)

Article 8(1): “States shall
fulfill in good faith the obligations and commitments they have assumed
under international treaties and agreements to which they are parties.”

II.DOMESTIC AUTHORITIES AND PRECEDENTS

6.Canada

-
Canada Constitution Act of 1982

Part
II: "Rights of Aboriginal Peoples of Canada

Article 35: (1) The existing
aboriginal and treaty rights of the aboriginal peoples of Canada are hereby
recognized and affirmed.

(2) In this Act, "aboriginal
peoples of Canada" includes the Indian, Inuit, and Metis peoples of
Canada.

(3) For greater certainty, in
subsection (1) "treaty rights" includes rights that now exist by
way of land claims agreements or may be so acquired.

(4) Notwithstanding any other
provision of this Act, the aboriginal and treaty rights referred to in
subsection (1) are guaranteed equally to male and female persons."

-
The Royal Proclamation (1763)

"And whereas great Frauds
and Abuses have been committed in purchasing Lands of the Indians, to the
great Prejudice of our Interests. and to the great Dissatisfaction of the
said Indians: In order, therefore, to prevent such Irregularities for the
future, and to the end that the Indians may be convinced of our Justice and
determined Resolution to remove all reasonable Cause of Discontent, We
do."

- Canadian Charter of Rights and
Freedoms (1982)

Article
25: "The guarantee in this Charter of certain rights and freedoms shall
not be construed so as to abrogate or derogate from any aboriginal, treaty
or other rights or freedoms that pertain to the aboriginal peoples of Canada
including

(a) any rights or freedoms that
have been recognized by the Royal Proclamation of October 7, 1763; and

(b) any rights or freedoms that
may be acquired by the aboriginal peoples of Canada by way of land claims
settlement."

7.United States

United
States Constitution

Article
VI: "This Constitution, and the Laws of the United States which shall
be made in Pursuance thereof; and all Treaties made, or which shall be made,
under the Authority of the United States, shall be the supreme Law of the
Land; and the Judges in every State shall be bound thereby, any Thing in the
Constitution or Laws of any State to the Contrary notwithstanding."